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Home » Authors » Kyle K. Weldon

Articles by Kyle K. Weldon

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‘Water, water, everywhere’ no more? Post-Sackett updates coming to WOTUS

The Supreme Court’s 2023 Sackett decision narrowed federal Clean Water Act jurisdiction, prompting new EPA and Corps rules to clarify WOTUS definitions and exclusions, with ongoing legal challenges and public comment until Jan. 5, 2026.
December 3, 2025
Kyle K. Weldon

The recent proposal by EPA and the Corps is an effort to end the split implementation of the Sackett decision and more “adequately comply” with the Sackett decision’s interpretation of the scope of federal jurisdiction under the CWA.




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Not your grandfather’s fence: Legal considerations of the new frontier of virtual fencing

Virtual fencing can reduce labor costs and maintenance associated with conventional fences and can also allow for set grazing patterns that can improve land management practices and pasture health. As a new and developing technology here in the U.S., the legal landscape related to virtual fencing is truly a new frontier and will need to evolve in the coming years as it is implemented.
December 11, 2024
Kyle K. Weldon

Virtual fencing implements GPS tracking and collar-based deterrents to allow ranchers to manage cattle without the need for physical fencing.


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SEC’s new climate disclosure rules

The SEC adopted its final rules requiring the disclosure of certain climate-related information. The final rules eliminated a controversial portion of the proposed rules, which would have required registrants to disclose information related to Scope 3 GHG emissions, which are known as “value chain emissions.”
April 9, 2024
Kyle K. Weldon

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted its final rules requiring the disclosure of certain climate-related information in filings with the SEC, including registration statements and annual reports.


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'Breaking in' new laws: An update on the livestock dealer statutory trust

In 2020, the Dealer Trust Act was established for the benefit of unpaid cash sellers of livestock. If a dealer fails to pay sellers for livestock, the Dealer Trust Act then is intended to enable the seller to receive payment through these trust assets.
November 14, 2023
Kyle K. Weldon

Between high production costs, drought and other unpredictable market factors, there are many challenges facing those in the cattle industry. But one challenge no cattle producer wants to experience is when a buyer of cattle defaults on payment.


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Right to Farm updates: Important protections for agriculture

Many rural areas are seeing rapid growth, meaning new neighbors without a connection to agriculture. The Right to Farm statutes protect existing operations against nuisance lawsuits, and some states have made updates to strengthen these protections.
January 23, 2023
Jim D. Bradbury and Kyle K. Weldon

As urban populations grow into more rural settings, the likelihood of conflict between a new neighbor and an animal feeding or other ag operation is increasing each year.


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Same song, different verse: An update on air emission regulations

Environmental groups continue to advocate for regulation on emissions from production agriculture. Two recent developments show just how serious these issues are.
August 29, 2022
Kyle K. Weldon

Those in production agriculture are well aware that the industry’s current exemptions from air emission regulations continue to be an area of controversy, especially with environmental groups.


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Pasture

Agricultural leases: The pen is mightier than the handshake

March 23, 2022
Kyle K. Weldon
Agricultural lease agreements come in all shapes and sizes.
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An update on ‘ag gag’ statutes: A constitutional battleground

October 25, 2021
Kyle K. Weldon
Today’s technology has transformed the way we access and distribute information. The power one possesses with a few taps on a smartphone is almost unrivaled.
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Fencing

Fence law: Keeping legal issues on the other side of the fence

July 25, 2021
Kyle K. Weldon
We’ve all heard the saying, “Good fences make good neighbors.” A well-built fence provides peace of mind, and riding fences is not a long-lost habit of those who raise livestock.
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Contracts

Contracts 101: Understanding some of the fine print

March 24, 2021
Kyle K. Weldon
We encounter contracts on almost a daily basis. While handshakes and oral agreements are still very prevalent today, written contracts are an important way to memorialize agreements and hopefully help mitigate future conflicts.
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